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Why Do I Have to Wait 6 Months to Get a Divorce

On Behalf of | Mar 4, 2021 | Divorce

Why do I have to wait 6 months to get a divorce in California?  What is the “waiting period” and why is it required in a divorce case under California law?  The family law courts in the State of California are quite busy, especially when you consider the impact of the COVID-19 pandemic upon our local Family Courts.

California established a “6 month waiting period” to ensure each party has the time and space to truly consider this important decision and to allow each party to gain a full understanding of what they are contemplating.  The waiting period is also designed to allow time for each party to consider reconciliation prior to the termination of a marriage.

Many people have given the matter comprehensive thought and just want to complete the process as soon as possible.  The good news is you do not have to wait 6 months to file for a divorce.  However, the waiting period has been established as the six month period from the “summons’ and petition’s service or the respondent’s appearance, whichever occurs first.”  This means it is important to work with the Certified Family Law Specialists at Burke & Domercq in part to ensure timely service of your former spouse to get this important clock started.

The Court may lengthen the time of the waiting period under some circumstances, but it can not be shortened.  There may be reasons associated with the marital status of the parties, health insurance or a medical condition which justifies this type of order.

Many people misunderstand the meaning of the waiting period.  A divorce is not automatically established once the six month point in the waiting period is reached.  A Carlsbad divorce must be ordered by a Judge, and if you are concerned about time frames associated with your divorce it is important to seek the counsel of an experienced Carlsbad family law attorney.  We invite you to review the recommendations of former clients and contact Burke & Domercq or call 760-389-3927 to schedule an appointment with one of our experienced Carlsbad divorce attorneys.